| How does civil partnership differ from marriage?
Civil Partnership is a completely new legal relationship, exclusively for same-sex couples, distinct from marriage.
The Government has sought to give civil partners parity of treatment with spouses, as far as is possible, in the rights and responsibilities that flow from forming a civil partnership.
There are a small number of differences between civil partnership and marriage, for example, a civil partnership is formed when the second civil partner signs the relevant document, a civil marriage is formed when the couple exchange spoken words. Opposite-sex couples can opt for a religious or civil marriage ceremony as they choose, whereas formation of a civil partnership will be an exclusively civil procedure.
Who is eligible?
The couple must both be of the same sex, not already be in a civil partnership or marriage, be 16 years of age or older, and not be within the prohibited degrees of relationship (i.e related).
In England and Wales and Northern Ireland, individuals who are aged 16 and 17 will have to obtain the written consent of their parent(s) or legal guardian(s) before registering a civil partnership. In Scotland individuals aged 16 or over will be able to register their partnership without the need for parental consent. This is also the rule, in Scotland, for opposite-sex couples who marry).
The prohibited degrees of relationship can be found in Schedule 1 to the Civil Partnership Act for England and Wales, Schedule 10 for Scotland and Schedule 12 for Northern Ireland. These Schedules list the people who, due to the closeness of their relationship with each other, are prohibited from registering a civil partnership with each other or, in certain cases, who are prohibited from registering a civil partnership with each other unless certain conditions are met.
How many people do you expect to form civil partnerships?
The Government expects between 11,000 and 22,000 people to be in a civil partnership by 2010. The full take-up assumptions are available in the final Regulatory Impact Assessment published by the DTI at
http://www.dti.gov.uk/access/ria/indexhtm#equality
2.REGISTERING A CIVIL PARTNERSHIP AND DISSOLUTION
What arrangements can I make for my civil partnership?
If you want to register a civil partnership, you will be able to give formal notice of your of intention to do so from 5 December 2005. Before this date, you should contact your local register office to find out what provisional arrangements you can make.
Some local authorities, such as Brighton and Liverpool, are already taking provisional bookings whereas others are taking expressions of interest from couples. It is up to local authorities to decide what arrangements to make with couples at this stage, however over the next few months it is expected that more and more places will start to take provisional bookings as more details of the procedures for registration become known.
Where can I register my civil partnership?
The range of places you can register your civil partnership will be broadly similar to those available for civil marriage.
Every local authority will be required to provide a facility for the registration of a civil partnership. It will also be possible to register a civil partnership at a venue elsewhere, for example at a hotel. Any premises that are presently approved for marriage will, with effect from 5 December, be deemed to also be approved for the purposes of civil partnership registrations until the current approval is renewed or expires. After 5 December, premises will be approved for hosting both civil partnerships and marriages.
What formal requirements have to be met before registration can take place?
You and your partner will need to each give notice in the area(s) where you have resided for at least seven days. When you give notice, you will be asked to state where you wish the civil partnership registration to take place
If a civil partnership is to be registered outside of the area of residence, you and your partner will still need to give notice in the area(s) where you live. When you each give notice, you will be asked to give the date and place where the civil partnership registration is to take place so these details will need to have been first agreed with the local authority where the registration is going to take place.
Example:
If you live in Brighton and your partner lives in Eastbourne, but you want to register a civil partnership in a country house hotel in Kent, you will have to give notice to your local register office in Brighton and your partner at Eastbourne register office. When you give this notice, you will both have to be able to give the date and the place where the civil partnership is to be registered, which means that you will have to have arranged this already with the venue and the Kent registration authority.
What is the waiting period for civil partnership?
There will be a 15-day waiting period once each person has given notice of intention to register, before the civil partnership can be registered. There will be procedures in place to reduce the 15-day waiting period in exceptional circumstances where there are compelling reasons to do so.
It will also be possible for a civil partnership to be registered at the residence of someone who is housebound, detained or seriously ill and not expected to recover.
There will also be procedures to allow couples to form a civil partnership quickly in the cases of former spouses, one of whom has changed gender under the provisions of the Gender Recognition Act 2004.
What time of day can a civil partnership be registered?
Civil partnerships can only be registered between 8am and 6pm (as is the case for marriage). However, where one of the couple is seriously ill and not expected to recover, then the civil partnership may be formed at any time.
What information will be made public about my civil partnership?
When you give notice of your intention to register a civil partnership, details from the notice will be available in a register office for public inspection (as for marriage) but the details will not include the address of you or your partner.
It is important that these details are publicly available during the 15 day waiting period, to allow for objections to be made, just as is the case for marriage.
What happens at a civil partnership registration?
A civil partnership will be registered once the couple has signed the civil partnership document in the presence of a registrar and two witnesses.
The exact format of this document is still being finalised. There will be words printed on the document which the couple will be able to say at the time of signing the document, though the exact words are still to be confirmed. Civil partnership registration is an entirely secular process, and the Civil Partnership Act prevents any religious service from taking place during the statutory steps leading to the formation of a civil partnership.
Can we have a ceremony?
Yes, you will be able to arrange a ceremony in addition to the signing of the legal documentation if you wish, but a ceremony is not required under the Act. It is up to you to decide.Local authorities might offer a ceremony but there are other organisations who also offer ceremonies too.
What will the whole process cost?
There will be fees charged for giving notice and for the civil partnership registration itself when this takes place on premises made available by a registration authority.
The exact amounts have yet to be determined, but it is expected that they will be similar to those for marriage. Local authorities will set their own fees for civil partnerships which take place at an approved premises.
Can I use Welsh?
Yes, all forms used in Wales in connection with civil partnerships will be printed in Welsh and English.It will be possible for these forms to be completed in English or in Welsh as for marriage.
Can we change our names after registering a civil partnership?
After registering a civil partnership, some people might want to change their surname to that of their partner’s, or a couple may choose to hyphenate their names. Government departments and agencies such as the Passport Agency and the DVLA will accept civil partnership certificates in the same way that they accept marriage certificates as evidence for changing names.
DISSOLVING A CIVIL PARTNERSHIP
How will dissolution proceedings work?
Registering as civil partners is a serious commitment, because a civil partnership ends only on formal dissolution or annulment, or on the death of one of the parties.
The process for dissolution will be court-based. The person applying for the partnership to be dissolved will have to provide evidence that the civil partnership has broken down irretrievably.
The dissolution process will begin with an application to the court in the form required by the court rules for civil partnership proceedings.
In order to prove irretrievable breakdown it will be necessary to provide evidence of one or more of the following facts to support the application for dissolution:
*unreasonable behaviour, that is behaviour such that the applicant cannot reasonably be expected to live with their civil partner:
*Separation for two years, where the other civil partner consents to a dissolution order being made;
*Separation for five years, where the other civil partner does not consent to a dissolution order being made;
*That the other civil partner has deserted the applicant for a period of two years prior to the application.
The court will be required to inquire as far as is possible into the facts alleged by the applicant and into any facts alleged by their civil partner. If the court is satisfied on the evidence that the civil partnership has broken down irretrievably, a dissolution order can be granted.
3.TREATMENT OF OVERSEAS RELATIONSHIPS
Will the UK recognise partnership schemes for same-sex couples that exist across Europe and beyond?
Same-sex couples who form certain "overseas relationships", that is certain legal relationships registered under the law of another country or territory, will automatically be treated as having formed a civil partnership and will not need to register in the UK as well, so long as they and their overseas relationship meets the requirements set out in the Civil Partnership Act.
These include requirements that the overseas relationship is either (a) one of the specified relationships listed in Schedule 20 to the Act, or (b) a relationship that meets the "general conditions" contained in section 214.
The list of specified relationships in Schedule 20 currently contains:
- Belgium cohabitation légale (statutory cohabitation)
- Belgium marriage
- Canada: Nova Scotia domestic partnership
- Canada: Quebec civil union
- Denmark partnerskab (registered partnership)
- Finlandrekisteröity parisuhde (registered partnership)
- France pacte civile de solidarité (civil solidarity pact)
- Germany Lebenspartnerschaft (life partnership)
- Iceland staĂ°festa samvist (confirmed cohabitation)
- Netherlands geregistreerde partnerschap (registered partnership)
- Netherlands marriage
- Norway partnerskap (registered partnership)
- Sweden registrerat partnerskap (registered partnership)
- United States of America: Vermont civil union
New relationships will be added to Schedule 20 as more countries or territories bring in gay marriage or civil partnership schemes. Recent developments include civil union legislation in New Zealand and Connecticut (USA). In Spain, a government backed gay marriage bill passed through the lower house of Parliament on 21 April 2005, and now goes before the Senate. These and any other new overseas schemes will now be considered for inclusion in Schedule 20.
What if my partner and I have registered a relationship that isn’t one of the ones listed in Schedule 20? Does this mean that we won’t be treated as civil partners?
Not necessarily. If the overseas relationship meets the general conditions in section 214 it would be capable of being treated as a civil partnership, so long as the other relevant requirements of Chapter 2 of Part 5 of the Act are also met.
In order for an overseas relationship to meet the general conditions it must, under the law of the country or territory in which it was formed,
1.be exclusive in nature (in other words the law must prevent a person from registering a relationship where they are already in a relationship of that kind or are lawfully married);
2.be indeterminate in duration (this would exclude an arrangement whereby the parties agreed to live together for a fixed period of time); and
3.result in the parties being treated as a couple or treated as married (this would exclude schemes like some local registers which have no legal effects under the law of that country or territory).
Where two people have registered an overseas relationship which is specified in Schedule 20 or meets these general conditions, they will be treated as having formed a civil partnership if they meet the other requirements which can be found in section 212 and sections 215 to 218 of the Act.
Can my partner and I form a civil partnership in the UK even if we’ve already formed an overseas relationship that would be recognised in the UK?
It will not be necessary to form a civil partnership in the UK if your existing overseas relationship is treated as a civil partnership.
4.IMMIGRATION
If you query questions about immigration matters please contact the Immigration and Nationality Bureau on 0870 606 7766 or visit the immigration and Nationality Directorate (IND) website at www.ind.homeoffice.gov.uk Can my partner and I register as civil partners even if he or she isn’t a UK or EEA citizen?
There are restrictions where either of the proposed civil partners is subject to UK immigration control.A person will be subject to immigration control if they are not an EEA national and they require permission to enter or remain in the UK.
EEA means European Economic Area and for this purpose it includes Swiss nationals.
The civil partnership provisions for persons subject to immigration control are exactly the same as those already in place for spouses. People subject to immigration control who wish to give notice of a civil partnership will need to do so at a Register Office designated for that purpose.A list of these offices will be added to the IND website in due course www.ind.homeoffice.gov.uk
When they give notice, they will be required to produce one of the following:
*entry clearance granted to form a civil partnership;
*a Home Office certificate of approval;
*indefinite leave to remain in the UK.
Registrars are required to report any civil partnerships to the Immigration Service if they have suspicions that it is being entered into as a means of circumventing immigration control.
What is entry clearance and how would I go about applying for it?
Entry clearance is the granting of permission to enter the UK by an Entry Clearance Officer in the British Embassy or High Commission in the country where you are normally and legally resident. It will usually be shown as a visa in the person's passport or travel document. It may also be possible to apply from a country where you are only temporarily resident. To find out where your nearest UK Overseas mission is and for more information about Visa Applications visit the UK Visas website at: www.ukvisas.gov.uk
Where can I get a Certificate of Approval from?
A certificate of approval can be obtained from the Immigration and Nationality Directorate. This will usually only be issued where the person has been granted leave to enter or remain for over six months from the date on which they entered the UK and where three months of that leave is still in force. The certificate of approval will have to be surrendered to the registrar when notice is given.
Is it possible to apply now for entry clearance or a certificate of approval in order to form a civil partnership?
It may be possible to apply for entry clearance or a certificate of approval so that you can give notice as soon as the Civil Partnership Act comes into force on 5 December. Further guidance and information regarding applications will be available from the Immigration and Nationality Directorate in due course.
What immigration rights will my non-EU citizen partner have if we form a civil partnership?
Under the Civil Partnership Act, couples who register a civil partnership will have similar immigration rights to married couples.This will mean that the non-EEA civil partner of a British Citizen or person settled here will be able to apply for two years’ leave to enter or remain in the UK.If the civil partnership is still subsisting at the end of this period then an application for indefinite leave to remain may be made.
These rights will apply whether they have become civil partners by registering in the UK or by forming one of the recognised overseas relationships.These changes to immigration law will only apply from the time the Act comes into force.Detailed guidance on immigration rights for civil partners will be provided by the Immigration and Nationality Directorate in due course.
Can my same-sex partner join me in the UK before the Civil Partnership Act comes into force?
Until the Civil Partnership Act comes into force, the same-sex partner of a UK national or person with settled status in the UK may be able to apply for leave to enter or remain as an unmarried partner.To qualify, the parties must meet the requirements laid down in paragraphs 295A-H of the Immigration Rules which can be found at
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules.html?
These requirements include that the parties must have been living together in a relationship akin to marriage for two years or more, that they intend to permanently live together and that they are able to maintain and accommodate themselves without recourse to public funds. Where such an application is successful, the foreign national partner will be granted leave to enter or remain in the UK for two years. At the end of this period, settlement will normally be granted, provided the relationship is still subsisting and the rules relating to unmarried partners continue to be met.
For those who cannot qualify under the unmarried partners rules it is possible to apply for leave to remain in the UK under a different category. Further details of other categories can be obtained on the Home Office's Immigration & Nationality Department on the contact details given above.
What about work permit or student visa holders?
Civil partners of people with temporary leave in the UK, such as students and work permit holders will be free to apply for leave in line with their civil partners.For example where the principal work permit holder has two years leave to remain in the UK their civil partner will also be granted two years leave in line.Should the principal work permit holder apply for indefinite leave to remain it will be open to their civil partner to also apply as a dependant.
5. TAX, PENSIONS AND WORKPLACE BENEFITS
Will I have equal survivor pension rights as a civil partner, i.e. the same as for widowers?
Civil partners will be able to accrue survivor pensions in public service schemes and contracted-out pension schemes from 1988.
The Department for Work and Pensions has just made amendments to the contracting out rules to ensure that pension schemes provide survivor benefits for civil partners on the basis of deceased members' rights accrued from 6 April 1988, to treat them on a par with widowers. For full details of the changes go to:
www.dwp.gov.uk/consultations/2005/index.asp
What about tax?
It was announced in the Budget on 16 March 2005 that the Government would legislate to ensure that civil partners will be treated the same as married couples for tax purposes and this was set out in Section 103 of the Finance Act 2005. Orders will be laid before the House of Commons to make these amendments over the coming months.For further information go to: www.inlandrevenue.gov.uk/budget2005/revbn28.htm
Will I receive the same workplace benefits as a married employee?
It is proposed that the Employment Equality (Sexual Orientation) Regulations 2003 will be amended to require that civil partners and spouses should be treated in the same way in relation to workplace benefits. These amendments will be made in an order before Parliament in the next few months. Source: http://www.womenandequalityunit.gov.uk/lgbt/faq.htm |
